1. By way of this appeal, the appellant Insurance Company has challenged the judgement and award dated 27.12.2007, passed by the Presiding Officer, Fast Track Court No.4, Ahmedabad (Rural) at Ahmedabad, in M.A.C.P. No.144 of 2001, whereby the tribunal has awarded compensation in the sum of Rs.3,33,640/- to the claimants with interest at the rate of 8.5% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 21.11.2000 one Prakashbhai and other persons were travelling in a S.T. Bus bearing registration No. GJ-18.V 4968. At that time one Truck bearing registration No. GJ-16-U-8958 came from opposite direction and dashed the said S.T. Bus. As a result of the said accident, Prakashbhai sustained grievous injuries and due to which he died. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No. 144 of 2001 before the Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record has partly allowed claim petition and attributed negligence on the part of the driver of the Truck to the extent of 90% and the driver of the S.T. bus to the extent of 10%. Hence, the present appeal is filed by the appellant-Insurance Company.
3. Learned counsel for the appellant contended that the Tribunal ought to have deducted ½ amount from the income of the deceased, instead of 1/3, as the claimants are the parents of the deceased. In support of his contention he relied upon the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121.
4. I have heard learned advocates for both the parties and perused the material on record. From the record it is clear that the Tribunal has committed an error in deducting 1/3 amount from the income of the deceased. Since, the claimants are the parents of the deceased, they are entitled to 50% amount from the monthly loss of dependency, in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation(Supra). Therefore, the claimants are entitled to Rs.1250/- towards monthly dependency, accordingly annually it comes to Rs.15,000/-. Looking to the age of the mother, the multiplier of 13 would be just and proper, in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation(Supra). If multiplier of 13 is adopted, the total dependency comes to Rs. 1,95,500/-. Over and above, the claimants are entitled to Rs.10,000/-under the head of loss of estate and Rs.5000/- under the head of funeral expenses. Thus, in all the claimant is entitled to Rs.2,10,000/-. The Tribunal has attributed the negligence on the part of the driver of the truck to the extent of 90%, therefore, the Insurance Company is liable to pay Rs.1,89,000/-, whereas the Tribunal has directed the appellant to pay Rs.3,00,276/- to the claimants.
5. In that view of the matter, the excess amount of Rs.1,11,276/- be refunded to the appellant-Insurance Company with interest and cost, if any, if the same is deposited by the appellant-Insurance Company with the Tribunal. The amount, if any, lying with the Registry be transmitted to the Tribunal forthwith.
6. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan Top